[2016] KEHC 4602 (KLR)
The court found that the prosecution failed to provide compelling reasons to deny the accused persons bond. The mere assertion that the accused would be at risk if released is not sufficient to curtail their constitutional right to bail. The State's responsibility is to ensure the security of all individuals, and...
Source-derived case information.
- Citation
- [2016] KEHC 4602 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Mutua Musau; Defendant: Paul Waichere Ndirangu; Defendant: Paul Waichere Njenga; Defendant: Margaret Muthoni
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed.
- Judges
- BT Jaden
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martin Mutua Musau
Defendant
Paul Waichere Ndirangu
Defendant
Paul Waichere Njenga
Defendant
Margaret Muthoni
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial in a murder case.
- 2 Whether there are compelling reasons to deny the accused persons bond.
- 3 Whether the State's concerns about the accused persons' safety constitute a compelling reason to deny bond.
Ratio Decidendi
The court found that the prosecution failed to provide compelling reasons to deny the accused persons bond. The mere assertion that the accused would be at risk if released is not sufficient to curtail their constitutional right to bail. The State's responsibility is to ensure the security of all individuals, and the accused have expressed willingness to relocate if necessary. The court emphasized that the right to bail is fundamental and can only be restricted upon demonstration of compelling reasons, which were not established in this case. Consequently, the application for bond was allowed, subject to conditions set by the court.
Court Disposition
Application for bond allowed.
Orders
- Each accused may be released on a Kshs.1,000,000 bond with one surety of a like sum.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL CASE NO. 1 OF 2016
REPUBLIC.................................................... PROSECUTOR
VERSUS
MARTIN MUTUA MUSAU …......................1ST ACCUSED
PAUL WAICHERE NDIRANGU...................2ND ACCUSED
PAUL WAICHERE NJENGA....................... 3RD ACCUSED
MARGARET MUTHONI............................... 4TH ACCUSED
R U L I N G
1. The 1st accused Martin Mutua Musau, 2nd accused Paul Waichere Ndirangu, 3rd Accused Paul Waichere Njenga and 4th accused Margaret Muthoni have appealed for bond pending the hearing and determination of the murder trial herein.
2. It is stated in the affidavit sworn by the accused that they have been in custody since the month of December, 2015. That although the accused are residents of Gitwamba area of Trans Nzoia where this offence took place, they are prepared to relocate if their stay in the said area poses any risk to their lives. That in any even, security is the primary responsibility of the State. It is averred that the 4th accused, Margaret Muthoni is ailing and the conditions in prison are not condusive to her health. The accused are ready to abide by the terms and conditions of bond.
3. The application is opposed. The investigating officer, Cpl. Daniel Njoroge has stated in his affidavit in opposition to the application that following the murder of the deceased, the security in Gitwamba area is volatile and tension has continued to build. That intelligence reports indicate that should the accused persons be released on bond or acquitted, they are going to be killed.
4. I have considered the application and the reply to the same. Although the accused persons have a constitutional right to bail, this right can be curtailed if there are compelling reasons to do so. The prosecution has not given any compelling reasons why the accused persons should not be released on bond. It is outrageous for the prosecution to say at this stage that the accused persons cannot be acquitted without risking their lives. The State has the responsibility to provide security. The accused are also prepared to relocate from the area where the offence took place.
5. With the foregoing, I allow the application for bond. Each accused may be released on a Kshs.1,000,000/= bond with one surety of a like sum.
_____________________
B. THURANIRA JADEN
JUDGE
Dated and delivered at Kitale this 24th day of May 2016.
_____________________
B. THURANIRA JADEN
JUDGE